USA v. Jesus Sidon


UNPUBLISHED OPINION FILED. [17-10062 Dismissed as Frivolous] Judge: JLW , Judge: LHS , Judge: CH Mandate issue date is 12/19/2017 for Appellant Jesus Sidon; granting motion to withdraw as counsel filed by Mr. Gregory Don Sherwood, Esq. [8473365-2] [17-10062]

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Case: 17-10062 Document: 00514249605 Page: 1 Date Filed: 11/27/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10062 Summary Calendar United States Court of Appeals Fifth Circuit FILED November 27, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JESUS SIDON, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:16-CR-122-6 Before WIENER, SOUTHWICK, and HAYNES, Circuit Judges. PER CURIAM: * The attorney appointed to represent Jesus Sidon has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Sidon has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Sidon’s claims of ineffective assistance of counsel; Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 17-10062 Document: 00514249605 Page: 2 Date Filed: 11/27/2017 No. 17-10062 we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Sidon’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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